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Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain as indicated in article histories.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 69.
Moving of buildings — See Ch. 72.
Property maintenance — See Ch. 138.
[1]
Editor's Note: The street numbering system, as proposed by the Montgomery County Sheriff's Department and to implement the same throughout the village, was adopted by resolution on 2-17-1993.
[Adopted 9-15-1992 by L.L. No. 2-1992]
It has been determined that it is in the public interest for buildings within the Village of Fort Plain to have street numbers prominently displayed, in particular, in connection with the establishment of an E-911 emergency system.
All owners of buildings within the Village of Fort Plain shall be required to display the street number which has been assigned to the building by the village. The village will attempt, where possible, to use the number commonly used for postal delivery purposes.
A. 
The building owner shall display words or Arabic numerals to correspond with the assigned building number. The device or decal representing the number shall be no less than three inches in height.
B. 
The number or words shall be permanently affixed to the surface of the building and shall be of a contrasting color to the building surface.
C. 
The number or words shall be affixed to a portion of the building so as to be readily observable from the street and, where possible, near a lighted surface of the building or near a building light so as to be more readily seen from the street at night.
All buildings in the Village of Fort Plain existing on the date of this chapter shall be required to be in compliance with this chapter within 30 days of its effective date. Owners of new buildings shall be required to be in compliance with this chapter prior to the time the building is actually occupied or within 10 days of the issuance of a certificate of occupancy, whichever occurs first.
[Amended 4-30-1996 by L.L. No. 1-1996]
Any owner of a building who is in violation of any of the provisions of this chapter shall be subject to a fine of not more than $250 or by imprisonment for 15 days, or by both such fine and imprisonment. Each week such noncompliance continues shall be considered as a separate offense.
[Adopted 3-25-2008 by L.L. No. 1-2008]
It is recognized by the Village Board that a number of properties in the Village are owned by persons who do not live in the Village of Fort Plain or in the County of Montgomery. As a result, it has often been difficult for Village departments, such as the Fire Department, Department of Public Works, Water Department, Police Department, as well as the Code Enforcement and Zoning Officer to contact the absentee officers when necessary. The Village Board recognizes the need for such departments and officials to contact the owner and/or manager of a property located within the Village, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the Village and posting in the building on such properties of the names, addresses and telephone numbers of such property owners and property managers so as to provide the Village and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property.
For the purpose of this article, the terms used herein are defined as follows:
ACTION or PROCEEDING
Any action or proceeding which may be instituted in the Town Court of the Town of Minden in connection with an alleged violation of any of the local laws, rules or regulations of the Village of Fort Plain.
BUILDING
Any improved real property located within the Village of Fort Plain which, in whole or in part, is non-owner-occupied.
OWNER
Any individual or individuals, partnership or corporation, whether for profit or otherwise, in whose name title to a building stands.
PROCESS
A summons or any notice, mandate or other paper or process issued under any provision of the Code of the Village of Fort Plain.
VILLAGE CLERK
Either the Village Clerk or the Deputy Village Clerk of the Village of Fort Plain.
A. 
Every owner of a building, as herein defined located within the Village of Fort Plain shall file:
(1) 
A notarized statement of designation signed by said owner setting forth the name and address, by street and number also, if applicable a mailing address if different, in County of Montgomery or otherwise within 35 miles of the Village of Fort Plain, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with this provision.
(2) 
A notarized statement by said owner setting forth the name, telephone and address, by street and number, as well as the mailing address if different, of the owner or owners of the property.
(3) 
A notarized designation signed by said owner naming the Village Clerk as the agent upon whom process against the owner may be served and the post office address, within or without the Village of Fort Plain, to which the Village Clerk may mail a copy of any process against such owner served upon the Clerk.
B. 
Whenever process is served upon the Village Clerk, the Clerk shall promptly mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process.
Attached to such statement and designation shall be a certificate properly certified by the owner that he is the owner of the premises with respect to which such statement or designation is filed.
A. 
Every owner of a building within the Village of Fort Plain shall post, and keep posted, in a conspicuous place in a main public area in said building, a notice, at least six inches by eight inches in size, setting forth:
(1) 
The name, address and telephone number of the owner of said building.
(2) 
The name, address and telephone number of the person, firm or corporation responsible for the management of the building.
(3) 
The name, address, apartment number and telephone number of the resident superintendent of the building, if any.
B. 
Exception. In the event that a building is:
(1) 
A one-family house, such notice need not be posted.
(2) 
A two- or three- family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in Subsection A(2) above.
C. 
In the event of a change of ownership, a change of the designated agent or a change of the resident superintendent of such building, the owner of the property shall file with the Village Clerk new designations of agent and also naming the Village Clerk to receive process and shall post a revision of the required notice in the building and file a copy of same with the Village Clerk within 30 days of any such change.
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this article shall be guilty of a violation and be subject to a fine of not less than $100 and not more than $500. Each week a violation continues shall be deemed a separate offense.